SHEKHER DHAWAN,J. - (1.) Petition petition under Article 227 of the Constitution of India for setting aside order dated 11.8.2015, passed by learned Civil Judge (Senior Division), Faridabad, whereby application, filed by the plaintiff under Section 151 CPC for allowing Mr. D.P. Khatana, Advocate to put his signatures on affidavit Ex.PW.1/A or to place his new affidavit, was allowed.
(2.) Learned counsel for the petitioners, while assailing the said order, took the plea that witness Mr. D.P.Khatana, Advocate was examined as PW.1 and he had tendered into evidence his affidavit Ex.PW.1/A. He was cross-examined by the defendants and thereafter, an application was filed by the plaintiff on 15.1.2015 seeking permission to allow Mr. D.P.Khatana, Advocate to put his signatures on affidavit Ex.PW.1/A. The said application cannot be allowed because the same amounts to tampering of record and just to fill up the lacuna of the case, which is legally not permissible.
(3.) Learned counsel for the respondent submitted that the Court below has already decided the application because the witness was examined and the contents of affidavit were well within the knowledge of the petitioner when the cross-examination of Mr. D.P. Khatana, Advocate (PW.1) was started. There was no reason for the deponent not to put his signatures on the affidavit (Ex.PW.1/A) and just because of inadvertence, the said affidavit remained unsigned. Though the deposition by way of examination-in-chief was admitted to be correct by the witness during his cross-examination. The Court below rightly accepted the contention of the respondent and application under Section 151 CPC.;